London Borough of Bexley

In a four part request, the complainant requested information about a Task and Finish Group. The London Borough of Bexley (“the Council”) initially stated that it did not hold the information.

The Commissioner’s decision is that the Council wrongly handled the request under FOIA and that the request fell to be considered under the EIR. The Commissioner’s decision is that, on the balance of probabilities, the Council holds no recorded information relevant to the complainant’s request in question one in accordance with regulation 12(4)(a) of the EIR (information not held). The Commissioner considers that the Council does hold information in relation to questions two, three and four.

However, in the particular circumstances of this case, the Commissioner has exercised his discretion and does not require the Council to take any steps. Even if he had ordered the Council to respond to questions two, three and four again, without relying upon regulation 12(4)(a) of the EIR, the Commissioner’s decision is that the Council has already provided the complainant with responses to those questions in its subsequent responses to four further information requests submitted by the complainant. 

The Commissioner does not require further steps.